Cannot keep seats everywhere in limbo: SC flags uncertainty over transgender reservation in NEET PG admissions

New Delhi: The Supreme Court has expressed concerns about reserving seats for transgender candidates in the upcoming NEET-PG 2025 admissions, saying it could create uncertainty in the process.

During the hearing, Chief Justice B.R. Gavai and Justice K Vinodchandran remarked, “We cannot keep seats everywhere in limbo, you are saying two seats in the All India Quota, 2 in the state quota."

The comments came while the apex court was considering a plea seeking allocation of two seats in the All India Quota and one each in Tamil Nadu and Andhra Pradesh for transgender candidates.

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Senior Advocate Indira Jaising, representing the petitioners, urged the court to pass an 'innocuous order' allotting these seats as an interim relief ahead of counselling.

She argued that despite the judgment in NALSA v. Union of India, which recognised the rights of transgender persons, the Union and the States have not provided reservations for them in NEET-PG admissions.

As per Live Law report, the petitioners, who belong to the transgender community, prayed for a direction that the respondents issue a fresh admission notice providing for compartmentalised horizontal reservation for transgender persons (including them) by reserving 1% seats in each vertical category.

Under the horizontal quota, transgender individuals, irrespective of whether they belonged to SC, ST, OBC, or general categories, would get the benefit of reservation on account of their belonging to the third gender.

During the proceedings, Jaising informed the court that Kiran A.R. (petitioner 1) withdraws from the case and only petitioners 2 and 3, who belong to the OBC and general categories respectively, would be pursuing the plea.

Appearing for the Union government and the medical authorities, Additional Solicitor General Archana Pathak Dave said Solicitor General Tushar Mehta wished to personally address the larger issue on the reservation of transpersons. However, Mehta was not present in today's hearing. Therefore, she requested that the matter be kept for next week, i.e on September 23.

Disagreeing with Jaising's submission and accepting Pathak's request, the bench said, "Counselling has not started. We will keep this matter for next week high on board."

The bench noted the submission of the National Medical Commission counsel, who said counselling for admissions in PG courses hadn't yet begun and said no immediate urgency was required for such an order.

The Supreme court previously said that if there was a top court order for granting quota to transgender persons, then it should be followed. Jaising said one of the issues was whether the quota for third gender persons would be horizontal or not.

According to Jaising, both petitioners had written the entrance exams, but ambiguity persisted over the cut-off marks applicable in case of transgender reservation being recognised.

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